ORD-26-84 ADDING SUBSECTION L TO SECTION 17.78.050 TO EXEMPT FROM THE REORDINANCE 26-
84 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING THE ORANGE
MUNI-CIPAL CODE BY ADDING SUBSECTION L
TO SECTION 17.78.050 TO EXEMPT FROM
THE REQUIREMENTS OF THE SIGN REGULATIONS
OF THE CITY SIGNS ADVERTISING SPECIAL
PRO-MOTIONS AS
DEFINED.
RECITALS:After our public hearings before the Planning Commission
of the City of Orange, the City Council of the City of Orange
duly considered the report of the Planning Commission set forth
in Resolution PC 21-84 considering Ordinance Amendment
6-84. After considering the report of the Planning
Commission, the City Council found
the following facts:1. That, with few exceptions,
displays of portable signs, banners, A-
frames, balloons, and pennants are currently prohibited by
code (17.78.080.)2. That in December, 1983,
the City Council rescinded a 19-month
moratorium on enforcement of portable
signs and directed comprehensive enforcement.3. That outdoor
merchandise displays are limited to a few uses and that
displays in parking areas are prohibited
by code (l7.76.020.).4. That the
proposed amendment has been discussed with representatives
of the Orange Chamber of Commerce,
original Orange Antique Association,
and Downtown Businessmen's Association.5. That the business
community has expressed a need
for special promotions and advertising.6. That staff
had determined that approximately 300 commercial businesses
have used portable or tempo-rary
advertising on a regular basis.7. The staff
has determined that the hereinafter described Amendment
to the Orange Municipal Code will allow
sufficient displays of reasonable size,location, and
duration while such Ordinance will remain enforceable
and equitable for all citizens and residents of
the community and the City
Council, with certain modifications hereinafter imposed on the
language presented by the Planning Commission,
concurs with
8. That two persons spoke in support of the amendment,
and two persons spoke in opposition.
NOW, THEREFORE, the City Council of the City of Orange does hereby
ordain as follows:
That Subsection L be added to Section 17.78.050 of the Orange
Municipal Code to read as follows:
ORD. 26-
84 L". An event which qualifies as a "Special
Promotion"for which a permit has been granted by the Director
of Planning & Development Services or his/her
representative.1.
Definition:A "Special Promotion" is a commercial event,
for which the use of outdoor portable signs and
adver-tising displays, which are otherwise prohibited
by this Chapter, is permitted with a granting of
a permit prior to such displays. Furthermore,
con-current outdoor display of merchandise shall
be considered a special promotion. Provided,
however,that no special promotion shall exceed 45
days during any calendar year at anyone address
or location within the City of
Orange.2.The Director of Planning & Development Services
or his/her representative is authorized to issue
per-mits for "Special Promotions" for not to
exceed 45 days during any calendar year and
provided,further, that the applicant for such special
pro-motion at anyone address or location within
the City may elect to determine how the 45 days
shall be allocated to that particular address or
prem-ises within the City. No more than three (
3)permits may be issued per calendar year per
address covering the maximum of 45 days of "Special
Promo-tions.
1I 3.Applications for "Special Promotion" permits
shall be filed with the Department of Planning &
Develop-ment Services on forms furnished by the
Department,at least five (5) days prior to the beginning
of the event, provided, however, that the Director
of Planning & Development Services may exempt
an applicant from the five (5) day application
prior to the beginning of an event provided the
appli-cant files a declaration under penalty of
perjury that the nature of his business activities
does not permit advance knowledge by the applicant
of the time of any particular "Special Promotion"
and that such applicant agrees that he will not
exceed the total number of 45 days within any
calendar year. A processing fee determined by the
City Council shall be paid at the time each
application is filed. Non-profit organizations are
not subject 2 -
to the application fee upon submitting an Internal
Revenue Service "Exempt-Status"
letter.4. All "Special Promotions" shall comply with
the following requirements and
restrictions:a. The applicant shall obtain any other
required permits, licenses, or written approvals
from the City of Orange or other agencies and
ob-serve all laws concerning health and
safety.b. Written approval from the property owner
or authorized agent shall be submitted with
the permit
application.c. A copy of the approved permit
application will be furnished by the Department
of Planning & Development Services. This
copy and all other required permits must
be displayed in a conspicious place on
the premises throughout the duration of
the
event.d. Signs, advertising devices, and other
approved outdoor displays shall substantially
conform in size and location on the site plan
sketched on or attached to the permit and conform
with any restrictions stated upon the
permit.e. Signs, advertising devices, and other
approved outdoor displays shall be erected or
placed only on property in possession or control
of the permittee. No off-site signs
or displays shall
be permitted.f. Within ten (10) feet of any
vehicular access or public street property line,
no sign,advertising device, or other
approved outdoor display shall exceed forty-two (
42) inches in height above grade.
No public right-of-way shall be used for
locating any sign or display.g. Portable signs
or banners shall be permitted wi th an area of one (
1) square foot for each lineal foot of
store or building front, owned or operated by the
permittee, up to a maximum of
eighty (80) aggregate square feet.h. The aggregate
length of wind signs, pennants,streamers,
balloons, and other similar devices shall be permitted up
to twice the length of the store or
building frontage and with a maximum height
of
fifty (50) feet above grade.
i. All parking accesses, exits, and traffic
aisles shall remain unobstructed at all
times. A maximum of fifteen (15) percent of
required parking spaces for the use of the
permittee, as calculated in O.M.C. 17.76.040,
may be covered.
j. All signs, advertising displays, or other
approved outdoor displays shall be erected or
maintained in a clean and safe manner and in
good repair.
k. No balloons shall exceed 30" in diameter
nor shall they exceed a maximum height of
fifty (50) feet above grade.
L Large structural balloons exceeding 30" in
diameter may be permitted by the Council in
areas deemed appropriate by the Council and
subject to such conditions as the Council
shall deem appropriate to protect the public
interest.
5.a.The Director of Planning & Development Services
may impose special requirements and restrictions
when unusual conditions exist at or near the
proposed event location. Such restrictions
shall be listed on the approved permit applica-
tion, and shall be followed throughout the
duration of the event.
b. If an approved "Special Promotion" is inter-
rupted for reasons beyond the control of the
permittee, the Director of Planning & Develop-
ment Services is authorized to grant additional
permits; provided that the total number of
event days do not exceed the maximum standards
listed in Sections 1 and 2. (Ordinances 6-
84; 20-82; 13-66: Prior Code 17.
84.050).
SECTION II:Section 17.42.400 of the O.M.C. governing "
Outdoor Use Regulations" shall be amended to read
as follows:All uses shall be conducted wholly within
a completely enclosed building except for service stations,
off-street parking and loading facilities, Christmas tree
and pumpkin sales,permitted agricultural uses, swimming
pools, outdoor eating facilities in connection with eating
places, commercial nurseries,automobile sales agencies, lumber yards, and
displays permitted by 17.78.050-L. Sales and storage yards
of commercial nurseries and lumber yards which are not within
enclosed buildings shall be surrounded by a minimum six (6)
foot high view-obscuring wall,fence, or landscaping and shall be
accessible only from within the
building housing the principal use; emergency exits may be
provided through the wall. Material stored behind such
screening shall not be visible above said wall. (Ordinances
6-84;
2082) ".SECTION
III:Section 17.76.020 of the O.M.C. governing "
Required Off-Street Parking" shall be amended to read
as follows:Every building hereinafter erected,
reconstructed or structurally altered shall be provided with parking
space as provided in this chapter, and such parking space
shall be made permanently available and be permanently
marked and maintained for parking purposes. The storage
of materials or any other objects on required off-street
parking areas is prohibited, except for "Special
Promotions" permitted by 17.
78.050.
L."SECTION VI:A summary of this Ordinance shall be published
and a certified copy of the full text of this Ordinance shall be
posted in the Office of the City Clerk at least five (5) days prior
to the City Council meeting at which this Ordinance is to
be adopted. A summary of this Ordinance shall also be
published once within fifteen (15) days after this Ordinance's passage
in the Orange City News, a newspaper of general
circulation, published and circulated in the City of Orange. The City Clerk
shall post in the Office of the City Clerk a certified copy of the
full text of such adopted Ordinance along with the names of
thos City Council members voting for and against the Ordinance
in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of
its final passage.ADOPTED this 24th day
of
July 1984.Attest:
City
Cler of y~tjle C
y of Orange 5 -ORD.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing ordinance
was introduced at the regular meeting of the City Council
held on the 17th day of July , 1984, and
thereafter at a regular meetLng of saLd City Council duly
held on the 24th day of Jul y , 1984 was duly
passed and adopted by the following vote, to wit:
AYES:COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES:COUNCILMEN: NONE
COUNCILMEN: NONEABSENT:
Jn4/1;~l"') r;r f241'~A/'
City Cler of ~he Lty of Orange
ORD. 26-84 6 -